Post by messi05 on Jan 24, 2024 7:55:36 GMT
Whatever minimum amount, in order to encourage businesspeople to improve their practices, which would inevitably lead to a reduction in the number of consumer demands", he states. For lawyer Ana Paula Oriola de Raeffray , partner at Raeffray Brugioni Advogados and specialist in Consumer Law, the issue of requiring denial for the damage to be confirmed is not peaceful and decisions in this regard are emerging due to the excess of requests for moral damage. "Both people who have an effective violation of rights, as well as those who do not, claim and receive compensation for moral damages. Moral damages, like any case of determining responsibility, must exist in fact, that is, there must be an action that has a connection with the punishment. The inconvenience cannot be taken as moral damage", he states.
The fact that a company is ordered to pay Buy Phone Number List compensation, points out Ana Paula, also does not necessarily mean that companies will improve their services. "The worst aspect of this impasse is that the moral damage ends up being paid even by the consumer who lives on receiving compensation and this is a reality. Efficiency in the face of the company is, for example, negative advertising, publicizing the poorly provided service. Compensation moral damage should only apply when the damage actually occurs", he concludes. The state, he stated, cannot innovate in relation to federal law. Minister Alexandre de Moraes disagreed, maintaining that the limitation of power for state legislatures is emptying these bodies.
“This broad interpretation of the Union’s competences seems to be reversing the constituent’s intention to expand state competences. After Congress, Municipal Chambers have much more possibilities than assemblies. Unfortunately, the assemblies come up against the private issues of the Union and local interests that are the responsibility of the Chambers”, he analyzed. In the same vein, minister Ricardo Lewandowski made an incisive speech regarding the strengthening of Brazilian federalism, which, according to him, needs to be put into practice in Brazil. The minister defended the autonomy of state deputies to legislate from the point of view of the peculiarities of each region. Minister Luiz Edson Fachin also followed the divergence. Minister Gilmar Mendes recognized the need to highlight the concentration of the Union's competence.
The fact that a company is ordered to pay Buy Phone Number List compensation, points out Ana Paula, also does not necessarily mean that companies will improve their services. "The worst aspect of this impasse is that the moral damage ends up being paid even by the consumer who lives on receiving compensation and this is a reality. Efficiency in the face of the company is, for example, negative advertising, publicizing the poorly provided service. Compensation moral damage should only apply when the damage actually occurs", he concludes. The state, he stated, cannot innovate in relation to federal law. Minister Alexandre de Moraes disagreed, maintaining that the limitation of power for state legislatures is emptying these bodies.
“This broad interpretation of the Union’s competences seems to be reversing the constituent’s intention to expand state competences. After Congress, Municipal Chambers have much more possibilities than assemblies. Unfortunately, the assemblies come up against the private issues of the Union and local interests that are the responsibility of the Chambers”, he analyzed. In the same vein, minister Ricardo Lewandowski made an incisive speech regarding the strengthening of Brazilian federalism, which, according to him, needs to be put into practice in Brazil. The minister defended the autonomy of state deputies to legislate from the point of view of the peculiarities of each region. Minister Luiz Edson Fachin also followed the divergence. Minister Gilmar Mendes recognized the need to highlight the concentration of the Union's competence.